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200316111
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200316111
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Last modified
10/16/2011 10:17:47 AM
Creation date
10/28/2005 4:47:01 PM
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DEEDS
Inst Number
200316111
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200316111 <br />relocated; and (iv) all costs and damages reasonably incurred by the Owner of the Benefited <br />Parcels as a direct result of such relocation will be borne by the Owner relocating the <br />easements. <br />2.4 Fire and Emergency Access. Nonexclusive easements for the purpose of fire <br />protection and emergency access between each Parcel and each other Parcel over, across, on <br />and through the Common Areas of each Parcel. <br />2.5 Self Help Easements. Nonexclusive rights of entry and easements in favor of <br />the Declarant over, across, and under each Parcel for all purposes reasonably necessary to <br />enable the Declarant to perform any of the provisions of this Declaration which a defaulting <br />Owner has failed to perform, such easements to be exercised as provided in Section 16.2 of <br />this Declaration. <br />2.6 Unimpeded Access. Without the prior written consent of Declarant, no <br />barricades, fences or other dividers will be constructed between the Parcels and nothing will be <br />done to prohibit or discourage the free and uninterrupted flow of pedestrian or vehicular traffic <br />throughout the Shopping Center in the areas designated for such purpose by the Owner of each <br />Parcel except for curbing reasonably designed and installed to assist traffic control; provided <br />that each Owner will have the right to erect barriers, once each year for a period not exceeding <br />twenty -four (24) hours, to avoid the possibility of dedicating such areas for public use or <br />creating prescriptive rights therein. <br />2.7 Use of Easements. Subject to the reasonable rules and regulations adopted for <br />the use of each Parcel by the Owner thereof, the use of all easements created by this <br />Declaration will, in each instance, be nonexclusive and for the use and benefit of the <br />Permittees. Each Owner specifically reserves the right, at any time and from time to time, to <br />promulgate such rules and regulations applicable to the Owner's Parcel as might be reasonably <br />imposed, but in all cases consistently applied and uniformly enforced to promote the health, <br />safety, welfare and security of such Parcel, the improvements located thereon and the Owner <br />and its tenants, subtenants and their respective customers. Each Owner may, at any time and <br />from time to time, remove, exclude and restrain any person from the use, occupancy or <br />enjoyment of any easement hereby created or the area covered thereby for failure to observe <br />the reasonable rules and regulations established as permitted herein. If the unauthorized use is <br />being made of any easement area by any of the Permittees, such unauthorized use may be <br />restrained or terminated by appropriate proceedings after written notice to the defaulting <br />Owner and failure to abate such unauthorized use within fourteen (14) days after receipt of <br />such notice. <br />Nothing in this Declaration shall be interpreted to permit nor shall the Owner of any <br />Parcel impose any charge or cost for the use of any of the Common Areas. <br />2.8 Maintenance of Easement Areas. Except to the extent that such areas might be <br />operated and maintained by public authorities or utilities and except as otherwise specifically <br />4 <br />
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